Ex Parte Klein

Board of Patent Appeals and Interferences

Sep 14, 2011

11363714 (B.P.A.I. Sep. 14, 2011)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
11/363,714 02/28/2006 Arnold G. Klein KLEIN1CIP 7835
7590 09/14/2011
ARNOLD G. KLEIN
P.O. BOX 724
SANDIA PARK, NM 87047
EXAMINER
COOLEY, CHARLES E
ART UNIT PAPER NUMBER
1774
MAIL DATE DELIVERY MODE
09/14/2011 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte ARNOLD G. KLEIN
____________

Appeal 2011-013103
Application 11/363,714
Technology Center 1700
____________

Before STEVEN J. BARTLETT, Support 2 Division Manager.

ORDER REMANDING APPEAL TO EXAMINER

This application was electronically received by the Board of Patent
Appeals and Interferences on September 12, 2011. A Docketing Notice was
mailed on September 13, 2011. Upon review of the application, it has been
determined that a remand to the Examiner is necessary to consider the
following issues and to take necessary corrective action.

Appeal 2011-013103
Application 11/363,714

2
REPLY BRIEF NOT CONSIDERED

A Reply Brief was filed in this application on July 1, 2011. There is
no evidence on the record indicating that the Examiner has considered the
Reply Brief in accordance with 37 C.F.R. § 41.43(a)(1) and MPEP § 1208,
part II.

Accordingly, it is ordered that the application is remanded to the
Examiner:

1) to consider the Reply Brief filed July 1, 2011 as indicated above;

2) for further action as may be appropriate.

If there are any questions pertaining to this Order, please contact the
Board of Patent Appeals and Interferences at 571-272-9797.

SJB/kis